They ask the readers: “In the building where I live, the attendees at an assembly, all are owing administration fees, Do they appoint a board of directors and an administrator or can only the owners who are up to date choose it?“.
(Read also: Board of Directors, mandatory insurance and service charges)
Answer
All owners attending the meeting have the right to participate with voice and vote in the decisions made at the meeting, even in the appointment of the members of the Council, unless the horizontal property regulations have established something different for decisions related to matters of simple administration and that do not require a qualified quorum of 70 percent of the total co-ownership coefficients. As for the appointment of the administrator, this corresponds to the board of directors.
(You might be interested in: Procedures and responsibilities of the Assembly of Owners)
On the election of administrators and excessive fees
Councils and administrations that refuse to change
ask
“In an assembly held in the month of March 2023, A decision was made on the appointment of a new council and administrator. Controversy arose because some argued that there was no longer a quorum and because they did not want to maintain the previous administration.
“The president of the assembly did not want to sign the minutes, he only used the secretary. This is because the council and the previous administrator want to continue with the patrimonial detriment in which they have us. In the Cali mayor’s office, they demand the signed minutes, for the legal representation of the building, Nothing could be done to change the administrator. I ask you what we can do.”
Answer
In previous articles I have made some recommendations on how to proceed when the president does not want to sign the minutes of the meeting. However, it is clear that the decision made to change the council is not affected and these new members can designate the administrator. In any case, Law 675 of 2001 orders that, for the registration and subsequent certification of existence and legal representation of the legal person before the mayor’s office or the delegated entity, Documents proving the appointments and acceptances of those who exercise legal representation and of the fiscal auditor must be submitted.
Article 8 of the Law warns that “in no case will additional procedures or requirements be required”. In the case of the consultation, the appointment of the administrator would not be accredited with the minutes of the assembly, but with the minutes of the Council, also remembering that the person who signs the contract with the administrator is the president of this body.
(Other inquiries: Contempt of decisions and tax inspectors in groups)
Excessive increase in administration fees
ask
“Is it possible that an ordinary assembly of co-owners raise the monthly management fee more than 100 percent for some and lower others by as much or less?
Answer
The owners’ assembly approves the annual budget and to set the administration fees What is established in the horizontal property regulation must be taken into account, that is, the coefficients and contribution modules when applicable. Otherwise, the assembly cannot invent bases for the collection of expenses with unfounded criteria in this and in the Law. Therefore, once the case has been reviewed, the decision may be challenged.
(We recommend: Owners Meetings (X): regulations, advice and other questions)
NORA PABON GOMEZ
Attorney – External advisor
inquiries
Send your question, very specific and without attachmentsto the email: redaccioneconomicas@eltiempo.com
